Motion for a Stay of Execution - #ClemencyForCarman
Lawyers for Carman Deck have been working hard to stop the states May 3rd scheduled execution. A motion for a stay of execution in the Missouri Supreme Court presented Betterman v. Montana, 573 US. 437, 448 (2016), a due process limitation, given the significant delays in #CarmanDeck's case.
These delays between conviction and sentencing affected the fundamental fairness of Carman's third capital sentencing proceeding.
Carman Deck has gone through three capital sentencing proceedings for the same crime. The crime occurred in July of 1996, but his last capital sentencing did not occur until 2008, twelve years later. Not a single living lay witness was present at his third capital sentencing, counsel only presented the testimony of two hired experts.
As noted in a Petition for Writ of Certiorari presented by Carman Deck's counsel, Elizabeth Carlyle, "Mr. Deck's case is an egregious example of what happens when the state repeatedly violates the rights of a capital defendant. The state's earlier failures directly prevented Mr. Deck from preventing a compelling mitigation case at his third resentencing."
Also noted in the Write of Certiorari is that "in October 2007, as the trial date neared, Mr. Deck's counsel learned of a conflict of interest in the prosecuting attorneys office. The niece of the victims was employed by the prosecuting attorney in the Victim Services Unit and had been personally involved in a meeting with the prosecutor and the family regarding a plea to a sentence less than death proffered by Mr. Deck's counsel...Because of this conflict, the prosecuting attorney's office was removed and the Missouri Attorney General's office took over the case."
The motion for a stay of execution continues with information regarding juror's understanding of lay vs. expert testimony. In all, Carman Deck's constitutional rights should be upheld and a stay of execution should be granted based on the significant delays in resentencing.